HomeMy Public PortalAboutOrdinance No. 1389-19 04-22-2019CITY OF RICHLAND HILLS
ORDINANCE NO. 1389-19
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING CHAPTER 86, "UTILITIES", TO ADOPT CROSS-
CONNECTION AND BACKFLOW PREVENTION MEASURES;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Richland Hills, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, prevention of contamination of the city's potable water supply with
any non-potable, used, unclean, polluted and/or contaminated water, or other
substances, is of utmost importance to the health of the City of Richland Hills; and
WHEREAS, the City Council of the City of Richland Hills, Texas, has determined
that the adoption of cross-connection and backflow control prevention measures to
prevent contamination of potable water is in the public interest and therefore deems it
advisable to enact this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
The Code of Ordinances, City of Richland Hills, is hereby amended by adding a
new Division 5, "Cross-Connection Control and Backflow Prevention," to Article V,
"Water," of Chapter 86, "Utilities," as follows:
"DIVISION 5. -CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION
Sec. 86-269. -Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning. If a word or term used in this division is not contained in
the following list, its definition, or other technical terms used, shall have the meaning or
definitions listed in the most recent adopted edition of the International Plumbing Code
as amended.
Air gap means a physical separation between the free-flowing discharge end of a
potable water supply piping and/or appurtenance and an open or non-pressure
receiving vessel, plumbing fixture or other device. An "approved air-gap separation"
shall be at least twice the diameter of the supply pipe measured vertically above the
overflow rim of the vessel, plumbing fixture or other device in no case less than one
inch.
Atmospheric vacuum breaker backflow prevention device or atmospheric vacuum
breaker or AVB means a device used to prevent back-siphonage. This device cannot be
tested but can be field inspected to verify proper operation. This device cannot prevent
back-pressure backflow.
Auxiliary supply means any water source or system other than the public water
system that may be available in the building or on the property, including groundwaters
or surface waters used for industrial, irrigation or any other purpose.
Backflow means the flow in the direction opposite to the normal flow or the
introduction of any foreign liquids, gases, or substances into the water system.
Backflow prevention assembly or assembly means an assembly to counteract
back pressure or prevent back-siphonage.
Back-pressure means any elevation of pressure in the downstream piping
system (by any means) above the supply pressure at the point of consideration which
would cause, or tend to cause, a reversal of the normal direction of flow.
Back-siphonage means the flow of water or other liquids, mixtures or substances
into the distribution pipes of a potable water supply system from any source other than
its intended source caused by a sudden reduction of pressure in the potable water
supply system.
Boresight or boresight to daylight means providing adequate drainage for
backflow prevention assemblies installed in vaults through the use of an unobstructed
drain pipe.
Contaminants mean any foreign material, solid, liquid or gaseous, that is not
common to the potable water supply which makes the water unfit or undesirable for
human or animal consumption.
Contamination means the admission of contaminants into the potable water
supply system.
Cross-connection means any connection, physical or otherwise, between a
potable water supply system and any plumbing fixture or any tank, receptacle,
equipment or device, through which it is possible for any non-potable, used, unclean,
polluted and/or contaminated water, or other substances, to enter into any part of such
potable water system under any condition or set of conditions.
Cross-connection control device means any approved or recognized device
placed upon any connection, physical or otherwise, between a potable water supply
system and any plumbing fixture or any tank, receptacle, equipment or device, which is
designed to prevent non-potable, used, unclean, polluted and/or contaminated water, or
other substances, from entering into any part of such potable water system under any
condition or set of conditions.
Customer service inspection means an inspection designed to inspect and detect
any actual or potential cross-connection hazards and/or exceedance of the lead action
level in solder or flux, pipe or pipe fittings.
Degree of hazard means the low or high hazard classification that shall be att
Double check detector backflow prevention assembly or double check detector or
DCDA means an assembly composed of a line-size approved double check assembly
with a bypass containing a specific water meter and an approved double check valve
assembly. The meter shall register accurately for very low rates of flow.
Double check valve backflow prevention assembly or double check assembly or
double check or DC means an assembly which consists of two independently acting,
approved check valves, including tightly closing resilient seated shutoff valves attached
at each end of the assembly and fitted with properly located resilient seated test cocks.
Fire line tester means a tester who is employed by aState-approved fire line
contractor and is qualified to test backflow prevention assemblies on fire lines.
General tester means a tester who is qualified to test backflow prevention
assemblies on any domestic, commercial, industrial or irrigation service except fire
lines.
Health hazard means an actual or potential threat of contamination of a physical
or toxic nature to the public potable water system or the customer's potable water
system that would be a danger to health.
High hazard means the classification assigned to an actual or potential cross-
connection that potentially could allow a substance that may cause illness or death to
backflow into the potable water supply.
Low hazard means the classification assigned to an actual or potential cross-
connection that potentially could allow a substance that may be objectionable but not
hazardous to one's health to backflow into the potable water supply.
Pollution hazard means an actual or potential threat to the physical properties of
the water system or the potability of the public or the customer's potable water system,
but which would not constitute a health or system hazard, as defined. The maximum
degree of intensity of pollution to which the potable water system could be degraded
under this definition would cause a nuisance or be aesthetically objectionable or could
cause damage to the system or its appurtenances.
System hazard means an actual or potential threat of severe danger to the
physical properties of the public or customer's potable water supply or of a pollution or
contamination that would have a detrimental effect on the quality of the potable water in
the system.
Manual of Cross-Connection Control means the latest edition as published by the
University of Southern California Foundation for Cross-Connection Control and
Hydraulic Research (abbreviated as USC FCCCHR).
Mobile unit means any operation which may have the potential to introduce
contaminants into a potable water system from a mobile source. These include, but are
not limited to, carpet cleaning vehicles, water-hauling vehicles, street-cleaning vehicles,
liquid-waste vehicles, power-wash operations and pest-control vehicles.
Nonresidential use means water used by any person other than a residential
customer of the water supply and includes all uses not specifically included in
residential use as defined herein.
Point-of--use isolation means the appropriate backflow prevention within the
customer's water system at the point at which the actual or potential cross-connection
exists.
Potable water supply means any water supply intended or used for human
consumption or other domestic use.
Premises isolation means the appropriate backflow prevention at the service
connection between the public water system and the water user.
Pressure vacuum breaker backflow prevention assembly or pressure vacuum
breaker or PVB means an assembly which provides protection against back-siphonage,
but does not provide adequate protection against back-pressure backflow. The
assembly is a combination of a single check valve with an AVB and can be used with
downstream resilient seated shutoff valves. In addition, the assembly has suction and
discharge gate valves and resilient seated test cocks which allows the full testing of the
assembly.
Public water system or system means any public or privately owned water
system which supplies water for public domestic use. The system includes all services,
reservoirs, facilities, and any equipment used in the process of producing, treating,
storing, or conveying water for public consumption.
Reduced pressure principle backflow prevention assembly or reduced pressure
principle assembly or RP assembly or RP means an assembly containing two
independently acting approved check valves together with ahydraulically-operated,
mechanically independent pressure differential relief valve located between the check
valves and at the same time below the first check valve. The assembly shall include
properly located resilient seated test cocks and a tightly closing resilient seated shutoff
valve at each end of the assembly.
Reduced pressure principle detector backflow prevention assembly or reduced
pressure detector or RPDA means an assembly composed of a line-size approved
reduced pressure principle assembly with a bypass containing a specific water meter
and an approved reduced pressure principle backflow prevention assembly. The meter
shall register accurately for very low rates of flow.
Representative of the water system means a person designated by the City to
perform cross-connection control duties that shall include, but are not limited to, cross-
connection inspections and water use surveys.
Residential use means water used by any residential customer of the water
supply and includes single-family dwellings, duplexes, multiplexes, housing and
apartments where the individual residential units are each on a separate meter or in
cases where two or more units are served by one meter, the residential units are
fulltime dwellings.
Service connection means the point of delivery where the water purveyor loses
control of the water.
Spill-resistant pressure vacuum breaker or SPVB means an assembly containing
an independently operating, internally loaded check valve and independently operating,
loaded air inlet valve located on the discharge side of the check valve. This assembly is
to be equipped with a properly located resilient seated test cock and tightly closing
resilient seated shutoff valves attached at each end of the assembly.
Tester means a person that is a certified backflow prevention assembly
technician approved by and registered with the City and the TCEQ.
Thermal expansion means heated water that does not have the space to expand.
Used water means water supplied by a public water system to a water user's
system after it has passed through the service connection.
Water use survey means a survey conducted or caused to be conducted by the
City designed to identify possible sources of pollution and/or contamination to the
potable water supply.
Sec. 86-270. -Penalty.
The City is entitled to pursue all criminal and civil remedies available for
violations of this division.
Sec. 86-271. -Violations.
A person commits an offense if:
(1) The person fails to maintain backflow prevention assemblies in
compliance with this division.
(2) The person fails to comply with a repair order issued by the City.
(3) Backflow from premises owned, operated or managed by the
person enters the public water supply system.
(4) The person fails to pay any fees required by this division.
(5) The person violates any part of this division.
(6) The person reinstates water service to a premises discontinued or
disconnected under this division, except as directed by the City.
(7) The person allows an unregistered tester to perform testing work at
the person's establishment.
(8) The person tests a backflow prevention assembly within the City
without being registered with the City.
(9) The person tests a backflow prevention assembly within the City
without being certified by the TCEQ.
Sec. 86-272. -Responsibilities.
(a) Property owner. It is the responsibility of all property owners and/or
persons in charge of any premises to comply with the following:
(1) Payment of all costs associated with this division and the purchase,
installation, testing and repair of backflow prevention assemblies.
(2) To install and maintain all backflow prevention assemblies in
accordance with this division and acceptable industry practice.
(3) All commercial customers shall cause to have all backflow
prevention assemblies on their premises tested annually. Such
testing must be conducted by a certified tester who is registered
with the City.
(4) Maintain all backflow prevention assemblies in proper working
order at all times, including repairs as required.
(5) Maintain all backflow prevention assemblies in a manner that
allows them to be tested by a method that has been approved by
the City.
(6) All records related to backflow prevention assembly installation,
testing, and repair shall be maintained on the premises for a
minimum of three years.
(b) Certified backflow prevention assembly testers. Certified backflow
prevention assembly testers shall comply with the following requirements:
(1) Annually register with the City and pay the required fee.
(2) Maintain testing equipment in proper working condition/calibration.
(3) Maintain the design or operation characteristics of an assembly.
(4) Ensure that devices are tested according to accepted industry
practice and TCEQ rules and regulations.
(5) Enter required testing data, including test gauge serial numbers, on
backflow prevention device test forms that have been approved by
the City.
(6) Report test results to the City within 30 days of testing.
(7) Provide a copy of the completed test report to the property owners
and/or persons in charge of any premises.
(8) Maintain testing and/or repair records for a minimum of three years.
(c) Other provisions. The City shall ensure the inspection and testing of all
backflow prevention assemblies installed pursuant to the requirements of
this division. For new facilities, permanent water service shall not be
provided until all backflow prevention assemblies have been tested and
are operational. Except in cases where the testing of backflow prevention
assemblies must be delayed until the installation of internal production or
auxiliary equipment, the City shall not approve a certificate of occupancy
until all backflow prevention assemblies have been tested and are
operational. The City shall not be liable for damage caused to any
backflow prevention assembly as a result of the inspection or testing.
Sec. 86-273. -Cross-connection control program fees.
(a) Backflow prevention assembly registration fee. There is established here a
nonrefundable registration fee for each nonresidential backflow prevention
assembly device.
(b) Certified backflow prevention device tester registration fee. There is
established here an Annual registration fee for approved testers, which
shall be a nonrefundable fee.
(c) Testing form booklet fee. There is established here a fee for a testing form
booklet of 30 test forms. Other forms may be used with prior approval from
the City.
(d) Deposit fee for fire hydrant water meter with backflow prevention device.
There is established here a refundable deposit fee for fire hydrant meters
with backflow prevention devices. This fee shall be refunded when the
meter/device is returned in good working order.
Sec. 86-274. -Cross-connection standards.
Every source of contamination or possible contamination from any contaminant
which originates from or is located at a residential or commercial customer, that is
connected to any public water supply or that provides water to the public, shall be
equipped with the protection required under the provisions of this division.
Sec. 86-275. -Compliance for lawn irrigation.
All lawn irrigation system installations shall obtain a permit issued by the City for
such installations. Installation requirements must comply with the International Plumbing
Code as amended and guidelines for the appropriate device found in this division.
Interconnections of the potable water supply with an alternate water source are
prohibited unless appropriate backflow protection is installed.
Sec. 86-276. -Right-of-way encroachment.
No person shall install or maintain a backflow prevention assembly upon or within
any City right-of-way except as provided in this division.
(1) A backflow prevention assembly required by the City may be
installed upon or within any City right-of-way only if the owner
proves to the City that there is no other feasible location for
installing the assembly, and installing it in the right-of-way will not
interfere with traffic or utilities. The City retains the right to approve
the location, height, depth of enclosure, and other requisites of the
assembly prior to its installation.
(2) All permits and inspections required by this Code to perform work in
the right-of-way shall be obtained.
(3) The assembly shall be installed below or flush with the surrounding
grade except when it is not practicable to install it in this manner.
Any assembly or portion of an assembly that extends above ground
shall be located no closer than 18 inches to the face of the curb.
(4) The City shall not be liable for any damage done to or caused by an
assembly installed in a right-of-way.
(5) A property owner shall, at the request of the City and at the owner's
expense, relocate a backflow prevention assembly which
encroaches upon any City right-of-way when such relocation is
necessary for street or utility construction or repairs for purposes of
public safety.
(6) A person commits an offense if, after receiving a written order from
the City, the person fails to relocate a backflow prevention
assembly located in or upon any City right-of-way.
Sec. 86-277. -Multiple connections.
Any premises requiring multiple service connections for adequacy of supply
and/or fire protection will be required to install a backflow assembly on each of the
service lines to the premises. The type of assembly will be determined by the degree of
hazard that could occur in the event of an interconnect between any of the water
systems on the premises.
Sec. 86-278. -Protection required; installation.
(a) The backflow prevention assembly protection which is required under this
division shall be any of the USC FCCCHR recognized and approved
backflow prevention assemblies, or as approved by the City. The City,
prior to installation, must have approved each backflow prevention
assembly. Failure to obtain such approval prior to installation of the
backflow prevention assembly may result in the backflow prevention
assembly failing to meet final approval by the City. The City shall
determine the type and location of backflow assembly to be installed
within the area served by the City. An assembly will be required in each of
the following circumstances, but the customer is in no way limited to the
following circumstances:
(1) The nature and extent of any activity of the premises, or the
materials used in connection with any activity of the premises, or
materials stored on the premises, if said activity or material could
contaminate or pollute the potable water supply.
(2) Premises having any one or more cross-connections and the cross-
connection is protected by an atmospheric vacuum breaker device
(AVB).
(3) Internal cross-connections are present that are not correctable.
(4) Intricate plumbing arrangements are present which make it
impractical to ascertain whether cross-connections exist.
(5) There is unduly restricted entry so that inspections for cross-
connections cannot be made with sufficient frequency to ensure
that cross-connections do not exist.
(6) Installation of an approved backflow prevention assembly is
deemed to be necessary to accomplish the purpose of these
regulations in the judgment of the City.
(7) An appropriate cross-connection survey report form has not been
filed upon request of the City.
(8) Afire suppression system that is connected to the City's water
system.
(9) All new construction if deemed necessary in the customer service
inspection. The type of assembly required will be determined by the
degree of hazard.
(10) When a building is constructed on commercial premises, and the
end use of such building is not determined or could change, a
reduced pressure principle backflow prevention assembly may be
installed at the service connection that supplies water for public
domestic use.
(11) Any used water return system.
(12) In the event apoint-of-use assembly has not had the testing or
repair done as required by this division, a premises isolation
assembly will be required.
(13) If it is determined that additions or alterations have been made to
the plumbing system without obtaining proper permits, premises
isolation may be required.
(14) All multistory buildings or any building with a booster pump or
elevated storage tank.
(15) Retrofitting will be required on all high hazard connections and
wherever else the City deems necessary to meet the intent of this
division.
(b) All backflow prevention assemblies installed after the effective date of the
ordinance from which this division is derived shall be installed in a manner
designed to facilitate ease of inspection and testing by the City or its
chosen representative. Any currently installed backflow prevention
assemblies which are located in inaccessible locations or where the tester
is subject to physical danger shall be relocated to approved locations.
Sec. 86-279. -Testing/inspection of devices and assemblies.
(a) The City shall require all backflow prevention devices and assemblies to
be both field inspected and tested in each of the following circumstances:
(1) Immediately after installation.
(2) Whenever the device or assembly is moved.
(3) A minimum of once a year for all commercial applications other
than lawn irrigation systems.
(4) For premises that have been vacated and unoccupied for one year,
prior to re-occupancy.
(5) Immediately after repairs.
(6) Once every five years for residential and commercial lawn irrigation
systems.
The AVB shall be excepted from the requirement in this subsection that such
device be both field inspected and tested. The City shall require that the AVB be field
inspected in each of the circumstances listed in this subsection.
(b) All assembly testing shall be performed by a State certified backflow
prevention assembly tester, approved by the City.
(c) Duly authorized employees of the City bearing proper credentials and
identification are entitled to enter any public or private property at any
reasonable time for the purpose of enforcing this division. Persons and
occupants of premises which are provided water service by the City, either
directly or indirectly, shall allow the City or its representatives ready
access at all reasonable times to all parts of the premises for the purposes
of inspection, testing, records examination, or in the performance of any of
its duties. Where persons or occupants of premises have security
measures in force which would require proper identification and clearance
before entry into their premises, the persons and occupants of the
premises shall make necessary arrangements with their security guards
so that upon presentation of suitable identification, personnel from the City
will be permitted to enter, without delay, for the purposes of performing
their specific responsibilities.
(d) The City is not liable for damage to a backflow prevention assembly which
may occur during testing.
(e) The City may cause a water use survey to be conducted at any
establishment located in the City which is served by a public water supply
or which provides water to the public. Upon determination by the City that
the establishment falls under the provisions of this division and requires a
backflow prevention assembly, the City shall issue a notice to abate the
condition or order the establishment to install the proper backflow
prevention assembly.
(f) It is the responsibility of any person who owns or controls property to have
all assemblies tested annually in accordance with this section. Assemblies
may be required to be tested more frequently if the City deems necessary.
(g) All results from assembly testing by a certified backflow prevention
assembly tester shall be placed on a form that has been approved by the
City.
Sec. 86-280. -Thermal expansion.
It is the responsibility of any person who owns or controls property to eliminate
the possibility of thermal expansion if a closed system has been created by the
installation of a backflow prevention assembly.
Sec. 86-281. -Pressure loss.
Any reduction in water pressure caused by the installation of a backflow
assembly is not the responsibility of the City.
Sec. 86-282. -Residential service connections.
Any person who owns or controls any residential property which has been
determined to have an actual or potential cross-connection will be required to eliminate
the actual or potential cross-connection or have an approved backflow prevention
assembly installed in accordance with this division.
Sec. 86-283. -Rental properties.
Any person who owns or controls property is responsible for the installation,
testing and repair of all backflow assemblies on their property.
Sec. 86-284. -Water distribution infrastructure.
(a) All water distribution infrastructure must be constructed, installed and
tested in accordance with TCEQ Rules and Regulations for Public Water
Systems, as amended.
(b) Permanent water service shall not be supplied to any newly constructed
infrastructure until after the City has received the results of the
bacteriological test and the results show that no bacteria is present.
(c) Permanent water service shall not be supplied to any newly constructed
infrastructure until an inspection is completed by the City to ensure that all
State regulations and local codes have been met.
(d) Temporary water services which pose a potential cross-connection threat
to the potable water supply shall be protected by an approved backflow
prevention assembly.
Sec. 86-285. -Customer service inspection.
(a) Pursuant to TCEQ Rules and Regulations for Public Water Systems, a
customer service inspection for cross-connection control shall be
completed by the City prior to providing continuous water service in each
of the following circumstances:
(1) Newly constructed facility or previously non-existent premises.
(2) After any material improvement to building or premises.
(3) Any correction or addition to the plumbing of any facility or
premises.
(4) The City deems it necessary.
(b) Permanent water service shall not be supplied to a newly constructed
facility until after the customer service inspection is completed by the City.
(c) Temporary water service which poses a potential cross-connection threat
to the potable water supply shall be protected by an approved backflow
prevention assembly.
Sec. 86-286. -Installation guidelines and requirements for backflow prevention
assemblies.
To ensure proper operation and accessibility of all backflow prevention
assemblies, the most current guidelines contained in the Manual of Cross-Connection
Control, which is adopted hereto by reference and incorporated herewith, shall apply to
the installation of these assemblies. Additionally, the following shall also be required:
(1) All premises that require continuous, uninterrupted water service
and are required to have a backflow assembly must make
provisions for the parallel installation of assemblies of the same
type so that testing, repair and maintenance can be performed.
(2) The property owner assumes all responsibility for any damage
resulting from installation, operation, and/or maintenance of a
backflow assembly. The owner shall be responsible for keeping all
backflow prevention assembly vaults reasonably free of silt and
debris.
(3) Upon completion of installation, the City shall be notified and all
assemblies must be inspected and tested. All assemblies must be
registered with the City and shall provide the date of installation,
manufacturer, model, type, size, serial number of the backflow
assembly, physical location and initial test report.
(4) Assemblies must be sized and flow characteristics must be
sufficient to provide an adequate supply of water and pressure for
the premises being served.
(5) Assemblies must be readily accessible for testing and maintenance
and must be located in an area where water damage to building or
furnishings would not occur from water discharge. The property
owner assumes all responsibility for any damage caused by water
discharge from an assembly. An approved air gap shall be located
at the relief valve orifice of RP assemblies.
(6) No part of a reduced pressure principle backflow prevention
assembly shall be submerged in water or installed in a location
subject to flooding. RPs are typically installed above grade in well-
drained areas, but may be installed below grade (ground level) if a
boresight drain to daylight is provided. The drain shall be of
adequate capacity to carry the full rated flow of the assembly and
shall be screened on both ends.
(7) Reduced pressure principal detector backflow prevention
assemblies (RPDA) may be utilized in all installations requiring a
reduced pressure principal backflow prevention assembly and
detector metering. a. RPDAs shall comply with the installation
requirements applicable for reduced pressure principal backflow
assemblies. b. The line-size RP assembly and the bypass RP
assembly must each be tested. The certified tester must complete a
separate test report for each assembly.
(8) Vertical installations of DCs are allowed only on sizes up to and
including four inches that meet all of the following requirements: a.
Internally spring-loaded check valves. b. Flow is upward through
assembly. c. Approved for vertical installation by the USC
FCCCHR. d. Approved by the City.
(9) Double check detector backflow prevention assemblies (DCDA)
may be utilized in all installations requiring a double check valve
assembly and detector metering. a. DCDAs shall comply with the
installation requirements applicable for double check valve
assemblies (DCs). b. The line-size DC assembly and the bypass
DC assembly must each be tested. The certified tester must
complete a separate test report for each assembly.
(10) Pressure vacuum breaker backflow prevention assemblies (PVB)
may be utilized as point-of-use protection against back-siphonage
only and shall not be installed where there is potential for back-
pressure. PVBs shall not be installed in an area subject to flooding
or where damage would occur from water discharge.
(11) Spill resistant pressure vacuum breaker backflow prevention
assemblies (SVB) may be utilized in all installations requiring a
pressure vacuum breaker. SVBs shall comply with the installation
requirements applicable for pressure vacuum breaker backflow
prevention assemblies.
Sec. 86-287. -Air gap separation.
Air gaps provide maximum protection from backflow hazards and should be
utilized at all locations where hazardous substances are at risk of entering the potable
water system.
(1) An air gap separation shall be at least twice the diameter of the
supply pipeline measured vertically above the top rim of the
receiving vessel and in no case less than one inch. If splashing is a
problem, tubular screens may be attached or the supply line may
be cut at a 45-degree angle. The air gap distance is measured from
the bottom of the angle. Hoses are not allowed.
(2) Air gap separations shall not be altered in any way without prior
approval from the City and must be available for inspection at all
reasonable times.
(3) Side walls, ribs or similar obstructions do not affect air gaps when
spaced from the inside edge of the spout opening a distance
greater than three times the diameter of the effective opening for a
single, or a distance greater than four times the effective opening
for two intersecting walls.
Sec. 86-288. -Fire suppression systems.
(a) All new installations of fire suppression systems which utilize the City's
potable water supply shall have installed approved backflow prevention
devices according to the degree of hazard.
(b) An approved double check detector backflow prevention assembly
(DCDA) or reduced pressure detector assembly (RPDA) shall be the
minimum protection for fire sprinkler systems using piping material that is
not approved for potable water use and/or that does not provide for
periodic flow-through during each 24 hour period, unless a variance has
been issued in writing from the City. An RPDA must be installed if any
solution other than potable water can be introduced into the sprinkler
system.
(1) It is the responsibility of all property owners and persons in charge
of any premises to abide by the conditions of this division. In the
event of any changes to the fire suppression system, it is the
responsibility of the property owners to notify the City. All costs
associated with the purchase, installation, testing and repair of
DCDA or RPDA devices are the responsibility of the property owner
and persons in change of any premises.
(2) Upon the approved installation of the DCDA or RPDA device, a
device test report completed by a licensed fire line tester must be
sent to the City and include the information required by this division.
Sec. 86-289. -Fire hydrant protection.
An approved double check device backflow prevention assembly (DCD) or
reduced pressure detector assembly (RPDA) shall be the minimum protection for fire
hydrant water meters which are being used for a temporary water supply during any
construction or other times which would pose a potential hazard to the public water
supply. An RPDA must be installed if any solution other than potable water can be
introduced into the system.
(1) It is the responsibility of all persons engaging in the use of a fire
hydrant water meter to abide by the conditions of this division. All
fire hydrant water meters shall meet the current requirements as
provided for by Richland Hills Utilities.
(2) Only City fire hydrant water meters with approved backflow
prevention assemblies are allowed to be used within the potable
water system.
(3) A refundable deposit is required to ensure the return of all water
meter and backflow assemblies to the City. Failure to return or any
misuse of the assemblies can result in the forfeiture of deposit
and/or enforcement action being taken against the responsible
party.
(4) All non-approved fire hydrant meters which are found to be in use
in the City will be confiscated and enforcement action taken against
the responsible party.
Sec. 86-290. -Mobile units.
The connection of a mobile unit to any potable water system is prohibited unless
an air gap or an approved backflow prevention assembly protects such connection.
Prior approval and annual device testing of any backflow prevention assembly must be
received from the City before connecting to any potable water system.
Sec. 86-291. - Backflow prevention assembly tester certification, registration
required.
Only approved TCEQ licensed backflow prevention assembly testers are
permitted to conduct tests in the City. Testers must register annually with the City,
provide proof of TCEQ certification, and provide proof that testing equipment is able to
maintain a calibration of plus or minus 0.2-psid accuracy and pay an annual, non-
refundable, tester registration fee.
Sec. 86-292. -Registration revocation.
A certified tester's registration may be reviewed and revoked by the City if the
City determines that the tester:
(1) Has falsely, incompletely, or inaccurately reported assembly test
reports;
(2) Has used inaccurate gauges;
(3) Has used improper testing procedures; or
(4) Has created a threat to public health or the environment."
SECTION 2.
This Ordinance shall be cumulative of all provisions of ordinances of the City of
Richland Hills, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this Ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining, phrase, clauses,
sentences, paragraphs or sections of this Ordinance since the same would have been
enacted by the City Council without incorporation in this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this Ordinance
shall be fined no more than Two Thousand Dollars ($2,000.00) for all violations
involving zoning, fire safety or public health and sanitation, including dumping or refuse,
and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations
of this Ordinance. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 5.
All rights and remedies of the City of Richland Hills, Texas, are expressly saved
as to any and all violations of the provisions of any ordinances of the City of Richland
Hills which have accrued at the time of the effective date of this Ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
The City Secretary of the City of Richland Hills is hereby authorized to publish
this ordinance in book or pamphlet form for general distribution among the public, and
the operative provisions of this ordinance as so published shall be admissible in
evidence in all courts without further proof than the production thereof.
SECTION 7.
The City Secretary of the City of Richland Hills is directed to publish the caption
and penalty clause of this Ordinance in the official newspaper of the City of Richland
Hills, Texas, as required by Section 52.011 of the Texas Local Government Code.
SECTION 8.
This Ordinance shall be in full force and effect form and after its passage and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED 22"d DAY OF APRIL, 019.
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HE HONORABLE ED ARD PEZ, MAYOR
ATTEST:
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CATHY BOU ,CITY SECR ARY
EFFECTIVE DATE: `7' ~Z~ -~1,T1-/
APPROVED AS TO FORM AND LEGALITY:
BETSY ELAM; CITY ATTORNEY
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